Georgia judge exercises leniency, opts not to imprison Trump co-defendant accused of election fraud for social media activity
A Georgia judge will decide if Trump's co-defendant in the election fraud case should be jailed over concerning social media posts and potential threats towards witnesses
The judge presiding over the Fulton County election racketeering case declined on Tuesday to send one of Donald Trump's co-defendants to jail for recent social media posts and comments targeting witnesses.
Judge Scott McAfee stated that although the defendant, Harrison Floyd, had made "technical violations" of his bond agreement, "not every violation compels revocation."
Fulton County prosecutors have requested that Judge Scott McAfee revoke Harrison Floyd's bond, citing alleged violations of the agreement designed to keep him out of jail. The violations included an alleged attempt to intimidate codefendants and witnesses. District Attorney Fani Willis personally argued the case on Tuesday, marking her first appearance in court for a pre-trial hearing in the election subversion racketeering case.
The true decision before us today is whether this order holds significance. Willis emphasized, "He shouldn't expect an 'oh, I'm sorry' after already intimidating the witnesses in this case. It's too late."
If McAfee had complied with the prosecutors' requests, Floyd would have been the initial defendant to be imprisoned for their involvement in the case. This action would have conveyed a powerful message to the other defendants that prosecutors are closely monitoring their public actions as the criminal case progresses.
Former President Donald Trump, who is running for the Republican presidential nomination, addressed Texas state troopers and guardsmen at the South Texas International Airport on Sunday, November 19, 2023, in Edinburg, Texas.
Eric Gay/AP
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Floyd is the initial defendant to face imprisonment for their involvement in the case. This action will serve as a warning to other defendants that the prosecutors are closely monitoring their actions as the criminal case progresses.
Willis stated, "He had the chance to comply with the terms of the case, but instead chose to disrespect the court and violate three of the seven conditions of the bond order."
Floyd, who has pleaded not guilty to three state felonies, has a history of incarceration and was indicted earlier this year. He spent a week in the Fulton County Jail in August before reaching a bond deal with prosecutors. The charges against him are connected to his involvement in an intimidation campaign against two Atlanta election workers, falsely accused by Trump and his allies of voter fraud in late 2020.
Floyd, the leader of Black Voices for Trump, was charged separately in May with simple assault of a federal officer who was delivering a subpoena to him for grand jury testimony in Washington, DC. In that case, he has not entered a plea.
On Monday, Floyd's attorneys strongly opposed the prosecution's attempt to imprison him, stating that it was in retaliation for rejecting a plea deal. They also pointed out Trump's public remarks about the case, implying that the decision not to pursue charges against Trump was evidence of a double standard.
Floyd's attorneys argued that the State's pursuit of Harrison Floyd was unjustified, pointing to President Trump's social media posts about Sidney Powell and Mark Meadows, his former chief of staff and co-defendant. Chris Kachouroff, Floyd's attorney, stated that these posts did not amount to a threat or intimidation and noted that none of the court witnesses had contacted authorities about the case.
Kachouroff later emphasized the importance of giving Floyd the benefit of the doubt, acknowledging that he may have approached the line. In their recent request, Fulton County prosecutors cited Floyd's recent social media posts about Georgia election officials who may be called as witnesses, as well as his comments on a conservative podcast about Jenna Ellis, who pled guilty and agreed to cooperate.
The court filing states, "
"The Defendant's actions indicate a clear potential to intimidate witnesses and impede the administration of justice in the future, rendering him unsuitable for bond."
Attorney Manny Arora, representing Ken Chesebro, presents arguments before Fulton County Superior Court Judge Scott McAfee on September 6, 2023, at the Fulton County Courthouse in Atlanta, Georgia. McAfee is presiding over motions from attorneys representing Ken Chesebro and Sidney Powell. Former U.S. President Donald Trump has pleaded not guilty and waived his right to appear at the arraignment hearing this week. Trump and his 18 co-defendants face a 41-count indictment alleging a scheme to overturn Georgia's 2020 presidential election results. (Photo by Jason Getz-Pool/Getty Images)
A Georgia judge has issued an order to stop any further leaks of sensitive evidence in the Trump election racketeering case. In a recent statement, Floyd raised concerns about his team being accused of leaking videos of conversations between another defendant and prosecutors, and mentioned Georgia election worker Ruby Freeman, who is a witness in the case.
Poop emojis and potential threats
"Why would my team leak Jenna Ellis & proffer videos when there is better evidence? For instance, Ruby Freeman's role was to reconcile ballots," he wrote. "She wasn't even supposed to be operating a scanner !!!!"
During the trial, Michael Hill, an assistant chief investigator in Fulton County, discussed Floyd's recent social media posts about the case. Witnesses read each post aloud, occasionally translating internet language to maintain courtroom decorum.
One of the posts stated, "Black American Dems want the Black Trump Guy to tell on the RACIST WHITE REPUBLICANS but only if it's President Trump? Lol, look, the truth is that @GASecofState and @GabrielSterling are the pieces of - and it's a â¦" Hill began reading before Willis interrupted.
"Could you please spell out the word 'emoji' instead of using profanity in the record?" she inquired.
"Yes, ma'am. It's a depiction of poop or fecal matter," Hill explained. "It's the actual image that should be the cause of your displeasure."
During the later part of the hearing, Willis reached out to Gabriel Sterling, a state election official who stated that although he often gets tagged in posts on X, he usually doesn't take public comments about him seriously. "It comes with the territory of being a public figure," Sterling explained to Floyds attorney when asked about the nature of his clients' posts aimed at him.
Von DuBose, the state witness representing Ruby Freeman in the racketeering case, stated that social media posts about his client have led her to take precautions, including relocating from her home. He also mentioned that Floyd's posts about Freeman have resulted in a significant increase in online activity targeting her.
"He stated that this marks the start of possible dangers," he added, leading to an increase in security measures for Freeman due to their worries. This story has been revised with new developments.
